Estate of Benton

The wife is contesting the probate of the will of her deceased husband, Tolman B. Benton. The proponent of the will is Herbert A. Benton, a son by a previous wife. At the trial before a jury, the issues were limited to incompetency, and also fraud practiced upon the deceased by the proponent of the will in the making thereof. Fifty questions purporting to bear upon the issues raised were submitted to the jury, and answers returned thereto. Upon the strength of these answers the will was denied probate, and this appeal is taken from that judgment upon a bill of exceptions.

It is first asserted…